Administrator-General to manage transition when incumbent loses election -new House of Reps. Bill.
Hon. Femi Gbajabiamila, Speaker of the House of Representatives, has proposed a bill seeking to allow a President-Elect and his Vice move into the Presidential Villa before their swearing-in.
The bill first introduced in 2016 and jettisoned afterwards is entitled “Presidential (Transition) BL 2016”.
Specifically, the Bill seeks to make provision for the smooth and orderly transfer of power from one Government to another.
Copies of the reintroduced Bill was made available to reporters in Abuja on Sunday
The general principle of the bill states that the upon the declaration of the winner of a presidential election as the President-Elect, he shall after two weeks move into the presidential Villa especially where he did not succeed himself.
In the case where the incumbent President dies not succeed himself, he shall within the period make accommodation available for the President-elect, his vice and 10 others aides.
Below is the synopsis of the bill which shall come under debate when enlisted for second reading in the House.
General Purpose of the Bill
“Section 1 (1). When at any general election for the Office of the President of the Federal Republic of Nigeria, the incumbent President is not re-elected, the President shall within 2 weeks of the declaration of the President-elect as the winner of the election provide space for not more than 10 persons designated by the President-elect to begin a review and analysis of budgeted expenditures during the tenure of the current President, review all other necessary documents as may be requested by the President-elect’s transition team and to acquire a working knowledge of the various offices, departments, commissions, boards and other agencies of the executive arm of the Federal Government with a view to promote the orderly transition of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President.
“(2) The President shall also constitute his transition team who must cooperate with the President-elect and the staff he so designated and provide any assistance that may be reasonably requested.
“(3) The provisions of this section shall apply at all times after each general elections whether or not the power change is within the same party or from one party to another.
“(4) For the purpose of this act, the President shall include the Vice President and the President-elect shall include the Vice President-elect.
“Section 2 (1). The President shall provide for the President-elect in connection with the preparation for his assumption of office as the President of the Federal Republic of Nigeria the following facilities:
“(a). Office space well-furnished and equipped with all relevant machines and electronics within the Presidential Villa to enhance smooth working relationship with the President’s team; such equipment shall include but not limited to computers/laptops, printers, binding machines, papers, communication services to aid the transition team in achieving the objectives of this Act.
“(b) Payment of allowances for members of the President-elect’s team at such rate as may be determined by the Revenue Mobilisation Allocation and Fiscal Commission to cater for the team and such rate must not exceed what is obtainable in the civil service.
PROVIDED that any employee of any agency or department of government may be drafted to be part of the transition team of either of the President or President-elect and he shall continue to be entitled to such compensation provided by law for his regular employment and shall be entitled to the rights and privileges associated with his regular employment without any interruption.
AND PROVIDED that in appointing the Transition Team, the President-elect shall consider key areas requiring professional/expert input to the extent that extra funds shall not be provided by the state to hire the services of Professionals outside the Transition team.
(c ) payment of travel expenses and subsistence allowances
Appointment of Administrator-General
“Section 4 (1). There shall be appointed an Administrator-General who shall oversee the Transition process after each general election.
“(2). The Administrator-general shall be appointed by the President subject to ratification by the Senate.
Functions of the Administrator-General
“Section 5 (1). The Administrator-general shall:
(a) be the Head of the government estates and shall take and keep an inventory of all assets and properties of the Government which assets and properties not vested in the Governor of the states as provided by the Land Use Act 1978.
“(b) Ensure that all assets and properties of government are maintained and are in good condition.
“(c) Ensure that were relevant, such assets and properties are transferred from the incumbent government to the new government in good condition.
“(d) Make recommendations to the President for budgetary allocation required in a transition for passing the reins of power from one government to another.
“(e) Ensure that all budgetary documents and all other relevant documents requested for by the President-elect are provided without any delay and to ensure that the facilities required to be provided by the Transition Team of the President-elect are provided.
“(f) Immediately after the new President is sworn in initiate/commence the prosecution of any person who breaches any provision of this Act.
“Section 5 (2). The Administrator-General shall be removed by the President on the ground of gross misconduct subject to ratification by the Senate.
Authorization of Appropriations
“Section 6 (1). It is hereby authorized to be appropriated to the Administrator-general such funds as may be necessary to carry out the purposes of this Act not exceeding the sum of N100,000,000 (One Hundred Million Naira) only for anyone Presidential transition for the fiscal year in which the transition occurs.
“(2) The President shall include in the budget transmitted to the National Assembly for each fiscal year in which his term of office expires a proposed appropriation for carrying out the purposes of this Act.
PROVIDED that in the event that the incumbent President is re-elected, the funds so appropriated shall not be disbursed.
“Section 7 (1). Any person who violates any provision of this Act by failing to provide the necessary facilities required to be provided under this Act or fails to provide any required documents thereby frustrating the efforts of the transition team shall upon conviction be liable to a fine of M10,000,000 or a term of imprisonment of not less than 6 months or to both fine and imprisonment as the case may be.